Notice of Public Hearings for Proposed Land Use Change and Rezoning

Transcription

1 Planning and Development Department Community Planning Division 214 North Hogan Street Ed Ball Building, Suite 300 Jacksonville, Florida Council Legislative Services Division Jacksonville City Council City Hall at St. James Building 4th Floor, 117 West Duval Street Jacksonville, Florida Notice of Public Hearings for Proposed Land Use Change and Rezoning Land Use Application Number: L A A request to amend the Future Land Use Map of the 2030 Comprehensive Plan and a companion rezoning has been filed with the City of Jacksonville Planning and Development Department regarding property located within 350 feet of your property (see attached location map). Information regarding the proposed change is detailed below. Property Location: 1860 STARRATT RD General Location: BETWEEN STARRATT RD & YELLOW BLUFF RD NORTH OF VERNICE RD Applicant: STEVE DIEBENOW ONE INDEPENDENT DRIVE, STE JACKSONVILLE, FL Land Use Ordinance #: Date Filed: Land Use Acreage: January 17, acres Zoning Acreage: acres Development Area: SUBURBAN AREA Current Land Use Category: Proposed Land Use Category: LDR ROS Current Zoning District: Proposed Zoning District: RR-Acre PUD See reverse for additional information

2 Scheduled Public Meeting and Public Hearing Dates Dates subject to change if additional information is needed or if the proposed amendment is deferred. Citizen Informational Meeting: Department Staff Recommendation Report Available: Planning Commission's LPA Public Hearing: City Council's 1st Public Hearing: Land Use and Zoning (LUZ) Committee's Public Hearing: City Council's Final Public Hearing: 3/19/18 at 4 PM 3/30/2018 4/5/2018 at 1 PM 4/10/2018 at 5 PM 4/17/2018 at 5 PM 4/24/2018 at 5 PM Meeting Locations: Citizen Informational Meeting: Ed Ball Building, 214 N. Hogan St., 3rd Floor Room 3112 Planning Commission Public Hearing: City Hall at St. James Bldg, Lynwood Roberts Room, 117 W Duval St. City Council and LUZ Public Hearings: City Hall at St. James Bldg, Council Chambers, 117 W Duval St. Additional Information Citizen input may be submitted to the Department prior to the recommendation of the Staff Report. Additional opportunities for citizen input are available at the public hearings. Such input is encouraged. General procedures: City Council public hearings are formal hearings with a three (3) minute limit on speaking and no general discussion. Planning Commission public hearings are considered a public meeting/technical review and advisory recommendation to the Land Use and Zoning Committee (LUZ); speakers are permitted at the discretion of the Chair. Land Use and Zoning Committee public hearings are formal hearings, and all testimony will be heard. LUZ recommends a proposed final action to the full City Council; the Planning and Development Department staff and the applicant/ representative should be present for provision of information needed. The applicant is required to post and maintain signs at intervals of approximately 200 feet along all street sides of land in full view of the public or, if there is no frontage on a public street, on the nearest street right-of-way with a notation indicating the direction and distance to the property subject to the application, within 15 working days after an application has been determined complete by the Department. If signs are not posted, citizens are requested to notify the Department. Copies of the application and Department reports are maintained by the Planning and Development Department and the City Council Division of Legislative Services and are open to public inspection. All interested persons wishing to submit testimony, written comments, or other evidence in this matter should submit same to the City Council Division of Legislative Services and/or appear at the public hearing. Additional information is available at or on the web at CLICK ON: L A Planning and Development Department Community Planning Division 214 North Hogan Street, Suite 300 Jacksonville, FL 32202

3 RESIDENTIAL The residential categories primarily allow for single-family dwellings, multi-family dwellings, group homes, foster care facilities, community residential homes and other congregate living facilities in appropriate locations. Not included are hotels, motels, campgrounds, travel trailer parks for the transient population, and similar other commercial facilities. Also excluded are facilities such as jails, prisons, hospitals, sanitariums and similar other facilities and dormitories, etc. Areas depicted for residential uses are shown under four residentially dominated plan categories; Rural Residential (RR), Low Density Residential (LDR), Medium Density Residential (MDR), and High Density Residential (HDR). Various housing types, ranging from detached single-family dwelling units to attached multi-family structures are allowed in the various categories. In order to encourage infill and redevelopment on existing lots of record within the Urban Development Areas (UPA and UA), the net density may exceed the allowable gross density limitation specified herein, provided such density is consistent with the applicable Land Development Regulation for such area. Pre-existing residential units may be restored to residential use at their original or historically significant (i.e., as existing 50 years previous) density, regardless of the land use plan category, as long as there is not an adopted Neighborhood Action Plan recommending against it and they are made consistent with all other applicable Land Development Regulations for the area. Achievement of the density ranges of the various categories will only be permitted when full urban services are available to the development site, subject to the provisions of this and other applicable elements of the 2030 Comprehensive Plan. It is not the intent of this plan to permit maximum allowable densities throughout the area depicted for a particular land use category on the Future Land Use Map series. Land Development Regulations that will be developed to implement the plan shall ensure that several development districts are established within each residential category to allow a variety of lot sizes and development densities. Accordingly, the average residential density in each category will be much lower than the maximum allowable density. Notwithstanding the density limitation of the residential categories, one dwelling unit will be permitted on any nonconforming lot of record, which was existing on the effective date of the 2010 Comprehensive Plan. Development on such nonconforming lots of record shall be subject to all other plan provisions. Residential Secondary Uses: The following secondary uses are permitted in all residential land use categories subject to the provisions of this and other elements of the 2030 Comprehensive Plan: Neighborhood supporting recreation facilities and public facilities, such as Schools, Churches and places of worship, Day care centers, Fire stations, Libraries, Community centers, Essential services, as well as supporting commercial retail sales and service establishments and Home occupations. Golf, yacht, tennis and country clubs; Driving ranges; Community residential homes; Cemeteries and mausoleums but not funeral homes or mortuaries; Bed and breakfast establishments in appropriate locations in the designated historic residential districts. In addition to the above, the following secondary uses may be permitted subject to the provisions of each residential land use category: Nursing homes; Emergency shelter homes; Foster care homes; Rooming houses; Residential treatment facilities; Private clubs; Animals other than household pets; Borrow pits; and Drive through facilities associated with a permitted use. In order to encourage a more compact development pattern, mixed use, Traditional Neighborhood Design (TND), planned unit and cluster developments are allowed in all plan categories allowing predominantly residential uses. These types of conditionally controlled developments, whether at a development of regional impact (DRI) scale or below, shall meet the connectivity criteria of this element but are exempt from application of the nodal and roadway classification criteria of this element in their internal site designs. Not all principal or secondary uses stated above are permitted in all residential land use categories. The intensity and range of uses permitted in a specific land use category are subject to the provisions of this and other elements of the 2030 Comprehensive Plan, and all applicable Land Development Regulations. LDR Suburban Development Area May 2014

4 New neighborhood commercial uses shall not be allowed, as secondary uses, where such uses would constitute an intrusion into an existing single-family neighborhood. Low Density Residential (LDR) LDR - GENERAL INTENT Low Density Residential (LDR) is a category intended to provide for low density residential development. Generally, single-family detached housing should be the predominant development typology in this category Mixed use developments utilizing the Traditional Neighborhood Development (TND) concept, which is predominantly residential but includes a broad mixture of secondary recreational, commercial, public facilities and services may also be permitted. New residential subdivisions in LDR should be connected to reduce the number of Vehicles Miles Traveled and cul-de-sacs should be avoided. Density, location and mix of uses shall be pursuant to the Development Areas as set forth herein. LDR - SUBURBAN AREA (SA) INTENT LDR in the Suburban Area is intended to provide for low density residential development. LDR - SUBURBAN AREA USES The uses provided herein shall be applicable to all LDR sites within the Suburban Area. Principal Uses Single family and Multi-family dwellings; Commercial retail sales and service establishments when incorporated into mixed use developments which utilize the Traditional Neighborhood Development (TND) concept and such uses are limited to 25 percent of the TND site area: and Other uses associated with and developed as an integral component of TND. Secondary Uses Secondary uses shall be permitted pursuant to the Residential land use introduction. In addition the following secondary uses may also be permitted: Borrow pits; Animals other than household pets; Foster care homes; Drive through facilities in conjunction with a permitted use; Assisted living facilities and housing for the elderly, so long as said facilities are located within three miles of a hospital and on an arterial roadway; and Commercial retail sales and service establishments when the site is located at the intersection of roads classified as collector or higher on the Functional Highway Classification Map, however logical extensions and expansions of preexisting commercial retail sales and service establishments are exempt from the roadway classification and intersection requirements. LDR - SUBURBAN AREA DENSITY The maximum gross density in the Suburban Area shall be 7 units/acre when full urban services are available to the site and there shall be no minimum density; except as provided herein. The maximum gross density shall be 2 units/acre and the minimum lot size shall be half an acre when both centralized potable water and wastewater are not available. The maximum gross density shall be 4 units/acre and the minimum lot size shall be ¼ of an acre if either one of centralized potable water or wastewater services are not available. LDR - SUBURBAN AREA DEVELOPMENT CHARACTERISTICS New LDR subdivisions should meet a standard of connectivity as defined in this element and cul-de-sacs should be avoided. LDR Suburban Development Area May 2014

5 RECREATION AND OPEN SPACE (ROS) ROS - GENERAL INTENT This category includes lands used for activities that are associated with outdoor recreation. The FLUMs depict major existing recreational facilities only since neighborhood scale recreational areas are allowed as secondary uses within the residential and commercial categories. The location of new recreational facilities will be guided by the provisions of this and other elements of the 2030 Comprehensive Plan. Recommendations in the more specific planning district, neighborhood or functional plans will also be considered in siting future recreational facilities. ROS - GENERAL USES The uses provided herein shall be applicable to all ROS sites in all Development Areas. Principal Uses Parks, Playgrounds; Golf courses; Driving ranges; Marinas; Fairgrounds and spectator sports facilities in public and private ownership; carbon sinks; Pastoral open space managed by the Recreation and Community Services Department is also included. Secondary Uses Dude ranches; Riding academies; Boarding stables; Private camps; Campgrounds; Travel trailer parks; Country clubs; Private clubs; Sale and service of alcoholic beverages for on-site consumption in conjunction with a permitted use; Rifle or pistol shooting ranges; Archery ranges; Hunting and fishing camps and similar other recreational uses; public schools. Excluded Uses Areas designated as national or state forests, parks or preserves, although they offer excellent recreational opportunities, are included in the Conservation category. Private recreation and open space facilities that are part of residential, commercial or institutional land uses approved as integrated developments are also excluded since they are considered to be supporting uses to their projects. ROS-All Development Areas May 2014

6 Residential Rural-Acre (RR-Acre) District (a) Permitted uses and structures. (1) Single-family dwellings. (2) Foster care homes. (3) Community residential homes of six or fewer residents meeting the performance standards and development criteria set forth in Part 4. (4) Family day care homes meeting the performance standards and (5) Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and (6) Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4. (7) Golf courses meeting the performance standards and (8) Neighborhood parks, pocket parks, playgrounds or recreational structures which serve or support a neighborhood or several adjacent neighborhoods, meeting the performance standards and (9) Country clubs meeting the performance standards and (10) Animals, other than household pets, meeting the performance standards and (11) Home occupation meeting the performance standards and (b) Permitted accessory uses and structures. See Section (c) Permissible uses by exception. (1) Cemeteries and mausoleums but not funeral homes or mortuaries. (2) Schools meeting the performance standards and development criteria set forth in Part 4. (3) Excavations, Lakes, and Borrow pits subject to the regulations contained in Part 9. (4) Bed and breakfast establishments meeting the performance standards and Page 1 of

7 (5) Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and (6) Day care centers meeting the performance standards and (7) Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4. (8) Home occupations meeting the performance standards and (d) Minimum lot requirements (width and area). For single-family dwellings and mobile homes, the minimum lot requirements (width and area), except as an otherwise required for certain other uses, are as follows: (1) Width 100 feet. (2) Area 43,560 square feet. (e) (f) (g) Maximum lot coverage by all buildings and structures. 25 percent. Minimum yard requirements. The minimum yard requirements for all permitted or permissible uses and structures are as follows: (1) Front 25 feet. (2) Side Ten feet. (3) Rear Ten feet. Maximum height of structures. 35 feet. Page 2 of

8 2030 COMPREHENSIVE PLAN S RELATIONAL LISTING OF LAND USE CATEGORIES & ZONING DISTRICTS Land Use Categories Primary Zoning Districts Secondary Zoning Districts RESIDENTIAL LAND USE CATEGORIES RR (Rural Residential) LDR (Low Density Residential) MDR (Medium Density Residential) HDR (High Density Residential) RPI (Residential-Professional-Institutional) NC (Neighborhood Commercial) CGC (Community/General Commercial) RR-Acre (Residential Rural-Acre) CO (Commercial Office) RLD-120 (Residential Low Density-120) CN (Commercial Neighborhood) RLD-100A (Residential Low Density-100A) RR-Acre (Residential Rural-Acre) RMD-A(Residential Medium Density-A) RLD-120 (Residential Low Density-120) RMD-B(Residential Medium Density-B) RLD-100A (Residential Low Density-100A) CO (Commercial Office) RLD-100B (Residential Low Density-100B) CRO (Commercial, Residential and Office) RLD-90 (Residential Low Density-90) CN (Commercial Neighborhood) RLD-80 (Residential Low Density-80) RLD-70 (Residential Low Density-70) RLD-60 (Residential Low Density-60) RLD-50 (Residential Low Density-50) RLD-TND (Residential Low Density-TND) RLD-TNH (Residential Low Density-TNH) RLD-50 (Residential Low Density-50) CO (Commercial Office) RLD-60 (Residential Low Density-60) CRO (Commercial, Residential and Office) RLD-TND (Residential Low Density-TND) CN (Commercial Neighborhood) RLD-TNH (Residential Low Density-TNH) RMD-A (Residential Medium Density-A) RMD-B (Residential Medium Density-B) RMD-C (Residential Medium Density-C) RMD-D (Residential Medium Density-D) RMD-MH (Residential Medium Density-MH) RMD-D (Residential Medium Density-D) CO (Commercial Office) RHD-A (Residential High Density-A) CRO (Commercial, Residential and Office) RHD-B (Residential High Density-B) CN (Commercial Neighborhood) COMMERCIAL LAND USE CATEGORIES CCG-1 (Commercial Community/General-1) Source: Jacksonville Planning and Development Department March 2, 2012 CSV PUD (Conservation) (Planned Unit Development) RMD-D (Residential Medium Density-D) RLD-60 (Residential Low Density-60) CO (Commercial Office) RMD-A (Residential Medium Density-A) CRO (Commercial, Residential and Office) RMD-B (Residential Medium Density-B) RMD-C (Residential Medium Density-C) RMD-D (Residential Medium Density-D) RMD-MH (Residential Medium Density-MH) CN (Commercial Neighborhood) CO (Commercial Office) CRO (Commercial, Residential and Office) CN (Commercial Neighborhood) CO (Commercial Office) IBP (Industrial Business Park) CRO (Commercial, Residential and Office) CN (Commercial Neighborhood) CCG-1 (Commercial Community/General-1) CCG-2 (Commercial Community/General-2) ROS (Recreation and Open Space)

9 Land Use Categories Primary Zoning Districts Secondary Zoning Districts RC (Regional Commercial) CBD (Central Business District) BP (Business Park) LI (Light Industrial) HI (Heavy Industrial) WD-WR (Water Dependent-Water Related) PBF (Public Buildings and Facilities) ROS (Recreation and Open Space) COMMERCIAL LAND USE CATEGORIES (Continued) CCG-1 (Commercial Community/General-1) RHD-A (Residential High Density-A) RHD-B (Residential High Density-B) CRO (Commercial, Residential and Office) CCG-2 (Commercial Community/General-2) IBP (Industrial Business Park) RMD-D (Residential Medium Density-D) RHD-A (Residential High Density-A) RHD-B (Residential High Density-B) CRO (Commercial Residential and Office) CCG-1 (Commercial Community/General-1) CCG-2 (Commercial Community/General-2) CCBD (Commercial Central Business Dist.) IBP (Industrial Business Park) IL (Industrial Light) INDUSTRIAL LAND USE CATEGORIES IBP (Industrial Business Park) MU (Multi-Use) RMD-D (Residential Medium Density-D) RHD-A (Residential High Density-A) AGR (Agriculture) CSV (Conservation) IBP (Industrial Business Park) CCG-1 (Commercial Community/General-1) IL (Industrial Light) CCG-2 (Commercial Community/General-2) IBP (Industrial Business Park) CCG-1 (Commercial Community/General-1) IL (Industrial Light) CCG-2 (Commercial Community/General-2) IH (Industrial Heavy) IW (Industrial Water) OTHER LAND USES CATEGORIES ROS (Recreation and Open Space) PBF-3 (Public Buildings and Facilities-3) PBF-3 (Public Buildings and Facilities-3) ROS (Recreation and Open Space) Definition of PUD Zoning District: A development district that may include a single or mixed use that is responsive to the needs of the inhabitants, provides flexible planning with creative and innovative design and is consistent with the Comprehensive Plan Land Use Category. Source: Jacksonville Planning and Development Department March 2, 2012

10 LEGAL ISSUES RELATED TO COMPREHENSIVE PLAN S FUTURE LAND USE MAP ( FLUM ) AMENDMENT PROCESS The following brief summary of legal issues related to FLUM amendments is provided pursuant to Section (a)(12), (13) and (14) of the Jacksonville Municipal Code: Legislative vs. Quasi-judicial Functions of Local Government. Local government boards such as the City Council have different functions. Generally, the City Council makes decisions and takes final actions which fall into two main categories - those which are legislative in nature and those which are quasi-judicial. Depending upon the nature of the decision and the type of hearing, the City Council may act in either a legislative capacity or in a quasi-judicial capacity. Future Land Use Map ( FLUM ) amendments are legislative decisions of the City Council. In contrast, when the City Council rezones property, as it often does after the FLUM is amended or as a companion to the FLUM amendment, it is almost always acting in a quasi-judicial capacity. What is the difference between a legislative decision and a quasi-judicial decision? It is the type and character of the hearing which determines whether the actions of the City Council are legislative (policy-making) or quasi-judicial (policy implementation or policy application). Legislative action results in the formulation of a general rule or policy and allows broad discretion in making the decision. Quasi-judicial action results in the implementation or application of a general rule or policy and allows less room for discretion to be exercised, since the decision must be based on competent, substantial evidence. It is important to understand the difference between these two types of decisions because, in the event a decision is challenged, the standard of review used by a court on appeal is different, depending on whether the final action is legislative or quasi-judicial in nature. The appellate review of a legislative decision such as a FLUM amendment results in a new proceeding wherein parties have the opportunity to present testimony, evidence and witnesses to a new decision-maker. The standard of review which applies to a legislative decision is the fairly debatable standard; as its name implies, this is a very deferential standard that generally operates to prevent a court from substituting its judgment for that of the City Council. The standard of review which applies to a quasi-judicial decision is much less deferential and based entirely on the record of the proceedings before the City Council. The court will look at the record to determine 3 things: (1) whether there is competent, substantial evidence to support the decision; (2) whether the City Council observed the essential requirements of law; and (3) whether procedural due process was provided. If the court finds that any one of these 3 requirements has not been met, it will remand the matter back to the City Council for further action. Criteria Upon Which FLUM Amendment is Evaluated and Council s Decision is Based. The FLUM amendment process is governed by Sections and , Florida Statutes and Chapter 650, Ordinance Code. The main criteria with respect to a proposed FLUM amendment is whether it is consistent with the Comprehensive Plan. This is not always a clear and easy determination which is based solely upon the Future Land Use Maps. In addition to reviewing the maps, City planners must review, analyze and weigh a number of different and sometimes competing Comprehensive Plan goals, objectives and policies. In its review of each application for a FLUM amendment, the Planning and Development Department and the City Council consider the following criteria: (1) The relationship of the data and information in the application to the social, economic, physical, environmental, historic and archaeological resources of the city and the projections of future growth, including an analysis of the impact of the proposed change on the amount of land required to accommodate anticipated growth and projected population; (2) The impact of the proposed amendment(s) on the public facilities and services and the Capital Improvements Element (CIE) of the comprehensive plan; (3) The relationship of the proposed amendment(s) to the applicable goals, objectives, policies, criteria and standards, including level of service standards, adopted in the comprehensive plan; (4) The relationship of the proposed amendment(s) to the existing and future land uses depicted on the FLUMs; (5) Other professional planning principles, standards, information and more detailed plans and studies considered relevant; and (6) Written comments, evidence and testimony of the public. Burden of Proof; Evidence and Testimony. The applicant for a FLUM amendment has the burden of proof to show that the amendment is consistent with the Comprehensive Plan, based upon the above criteria. Great weight is given to the recommendation of the professional planning staff, because these determinations are often made based on Comprehensive Plan data and analysis. The type of testimony and evidence that is allowable, relevant and legally sufficient must be credible, factual and relevant to the application. Evidence which is speculative or based on fears about negative future effects is not helpful. Expert opinions and/or testimony, such as from appraisers or planners, although not required, may be very helpful in certain instances. If appealed, the City Council s decision on a FLUM amendment is presumed to be correct and will be sustained as long as it is fairly debatable, unless it is shown by a preponderance of the evidence that the amendment is not in compliance with Chapter 163, Part II, Florida Statutes. NOTE: Matters involving land use decisions are dependent on the facts and circumstances of each case. Citizens with specific questions about what is or is not adequate testimony should consult an attorney.